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Before they were abolished in 1964, county courts
were the oldest governmental authorities in Illinois. The first was
established by Virginia for the County of Illinois in 1779 and lasted
until 1790, when the territorial period began. During this period, the
two forms of county court created by law were the courts of quarter
sessions, which existed from 1788 to 1805 and from 1809 to 1811; and the
courts of common pleas, which existed from 1788 to 1809 and from 1811 to
1818. Other local courts which existed before statehood were the orphan’s
courts, from 1795 to 1805; justices’ courts, 1818; and circuit courts
from 1795 to 1812 and from 1814 to 1818. With statehood in 1818, the
only courts of record in each county were the circuit courts, which were
held by circuit-riding justices of the Illinois Supreme Court. Justices
of the peace were not required to keep records of testimony.
In 1845, the State of Illinois established courts in
Cook and Jo Daviess counties.1 In both
cases, the judge was appointed by the legislature, and jurisdiction was
generally concurrent with the circuit courts. The Constitution of 1848
established a system of county courts throughout the state. Judges were
elected to four-year terms by their counties. Originally, jurisdiction
was limited to probate cases and misdemeanors. In non-township organized
counties, the judge was also the head of the three-member administrative
county court, from 1848 to 1870.2
In 1849, county courts were given jurisdiction over
delinquent county taxes, and in 1851 over delinquent township taxes.3
From 1853 to 1863, the jurisdiction of 25 county courts was
extended to cover small civil suits, when the amount in question was
below the levels fixed by statute.4
The Constitution of 1870 made jurisdiction of the
county courts uniform throughout Illinois. Except in Cook County their
authority was limited to probate, apprenticeship, and tax delinquency
cases. Two provisions at first applied only to Cook County: counties
with populations over 50,000, or more at the discretion of the Illinois
General Assembly, were required to transfer probate jurisdiction to an
independent county probate court; and county courts of counties with
population over 100,000 enjoyed concurrent jurisdiction with circuit
courts in all respects.5
In 1872, the legislature gave county courts
concurrent jurisdiction with circuit courts in hearing appeals from
justices of the peace, as well as exclusive jurisdiction over all
misdemeanors.6
Additions to jurisdictional powers were frequent. In
1877, county courts gained jurisdiction over civil suits where the
amount at issue was less than $1000; in 1901, the courts gained
authority to commit dependent girls to industrial schools; in 1913, the
courts were charged with review of applications for relief by mothers of
dependent children; and in 1915 they were empowered to commit
feeble-minded persons to state institutions.7
In 1962, by referendum, Article VI of the
Constitution of 1870 was amended, abolishing the county courts effective
in 1964. County judges became associate circuit court judges; while in
Cook County they became circuit judges.8
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1 |
L. 1845, pp. 74, 275. |
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2 |
Constitution of 1848, Article V, sections 1,
16, 17, 19. |
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3 |
L. 1849, p. 122; L. 1851, p. 77. |
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4 |
L. 1853, p. 262; L. 1854, p. 76; L. 1855, pp.
160, 194; L. 1857, pp. 36, 55, 128; L. l859,~p. 96; L. 1863, pp.
26, 43. |
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5 |
Constitution of 1870, Article VI, sections 18,
20, 13. |
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6 |
L. 1871-72, p. 325. |
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7 |
L. 1877, p. 77; L. 1901, p. 263; L. 1913, p.
127; L. 1915, p. 245. |
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8 |
Constitution of 1870, 1962 Amendment, Article
VI, Schedule, Paragraphs 4: d, 4: c, section 14. |
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Records Descriptions—County Court
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